Ni-Tech Pty Ltd v Parker, Bruce Peter & Ors [1998] FCA 484
There is reasonable cause, objectively, for Ni-Tech to believe it may have a right to relief for copyright infringement, but disclosure of the Millennium Master source code should not occur unless confidentiality concerns can be adequately addressed. If confidentiality can be protected, limited orders for access by an appropriately qualified individual may be considered.
- Jurisdiction
- Australia
- Judgment Date
- 27 April 1998
- Procedural Posture
- Application Under Order 15 a Rule 6 / Interlocutory
- Outcome
- Proceedings stood over for further argument and inquiry; no final order made.
- Legal Topics
- ['copyright' 'discovery' 'software Development' 'confidentiality Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under Order 15 a Rule 6 / Interlocutory
Legal Issues
- 1 ['Whether there is reasonable cause to believe the applicant may have a right to relief for copyright infringement' 'Whether the applicant has made all reasonable inquiries before seeking discovery' 'Whether the source code for the Millennium Master program should be disclosed to the applicant']
Ratio Decidendi
There is reasonable cause, objectively, for Ni-Tech to believe it may have a right to relief for copyright infringement, but disclosure of the Millennium Master source code should not occur unless confidentiality concerns can be adequately addressed. If confidentiality can be protected, limited orders for access by an appropriately qualified individual may be considered.
Court Disposition
Proceedings stood over for further argument and inquiry; no final order made.
Orders
- []
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